Gold v. Armer
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mandel Gold, from a judgment of the Supreme Court in favor of the defendant, entered in the clerk’s office of the county of Schenectady on the 13th day of March, 1908, upon the verdict of a jury rendered after a trial at the Schenectady Trial Term, and also from an order entei'ed in said clerk’s office on the 10th day of March, 1908, denying the plaintiff’s motion for a new trial made upon the minutes.
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Appeal by the plaintiff, Mandel Gold, from a judgment of the Supreme Court in favor of the defendant, entered in the clerk’s office of the county of Schenectady on the 13th day of March, 1908, upon the verdict of a jury rendered after a trial at the Schenectady Trial Term, and also from an order entei'ed in said clerk’s office on the 10th day of March, 1908, denying the plaintiff’s motion for a new trial made upon the minutes. The action was for false imprisonment. . It was practically undisputed that the plaintiff, an electrical contractor, entered the defendant’s hardware store to make a…
1Opinion of the Court
Sewell, J.:
There is a difference in the power of a private person and a peace officer, without a warrant, to make -an arrest in case of a felony. A peace officer has authority to make an arrest without a warrant “ when a felony has in fact been committed, and he has reasonable cause for believing the person to be arrested to have committed it.” (Code' Crim. Proc. § 177.) A private person is authorized to arrest another for a felony when the person arrested has committed it. (Code Crim. Proc. § 183.)
But there is no distinction between a peace officer, without a warrant, and a private…
2Cited by8 opinions
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- Doherty v. LesterNew York Supreme Court · 1957
- Jones v. Freeman's Dairy, Inc.Appellate Division of the Supreme Court of the State of New York · 1954
- Lauffer v. DownesAppellate Division of the Supreme Court of the State of New York · 1917
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